About

I am a Partner in the Dispute Resolution Team. I have experience acting in a range of complex cross-border disputes for a variety of clients. I act in all matters before the English Court but also have extensive experience in matters before arbitration.

I am an expert in commercial disputes with particular experience acting in significant, high-value international fraud investigations and disputes. My cases are typically high-stakes and often involve obtaining or resisting interim relief and I regularly advise on freezing orders and non party disclosures. I also act in insolvency litigation and shareholder disputes.

I act for a wide range of clients including companies, family offices, funds, directors, office holders, individuals and states. I have particular sector expertise acting in disputes concerning natural resources including commodities, metals & mining, oil and gas.

I am regularly ranked in the legal directories including the Legal 500 and Who's Who Legal. Prior to joining Lewis Silkin I worked in the London office of an AM Law 200 firm. I am also qualified in the British Virgin Islands having spent three years as a solicitor advocate in the jurisdiction appearing in some of the largest cases in the Commercial Court at the time.

Experience

Civil Fraud, Asset Recovery & Litigation

I have significant expertise acting in matters where allegations of dishonesty are made. I also have substantial expertise advising on interim orders arising in the course of these proceedings, including freezing relief and third party disclosure orders.

I have acted in some of the largest fraud claims before the English Courts, including Libyan Investment Athority -v- SocgGen & Ors. I have also appeared in some of the largest and most complex cases in the BVI including acting for various parties in the multi-billion dollar Renova litigation arising from CfIS situs energy assets. I have also acted in some of the decisions on the grant of freezing relief in the jurisdiction including the leading authority of Broad Idea -v- Convoy Collateral (acting for Cho Kwai Chee).

  • I act for Cancrie Investments Sarl in its circa £85m claim to enforce a UAE judgment at common law against a Canadian national resident in London. The claim is hotly contested and is the subject of four reported judgments including obtaining and sustaining a Worldwide Freezing Order against the Defendant's assets and third party disclosure against a bank for sensitive financial records. This was done under a seal and gag process using a procedure favoured by offshore jurisdictions, including BVI.
  • I act for Soho House in its claim against an energy broker for claims arising from partially secret commissions.
  • I acted for a Libyan government owned entity investigating and reporting on a potential fraud being perpetrated by an aircraft maintenance and parts supplier located in Germany. The matter concerned a full investigation into the factual background, tracing the relevant financial transfers and obtaining third party disclosure orders against the recipient banks.
  • I acted for the Swedish government in investigating and conceptualizing claims arising from a fraud perpetrated against Swedish pensioners by a foreign fund.
  • I acted for a South African Plc in conducting a detailed legal investigation into a fraud perpetrated by its CEO against the company. It transpired the CEO had been using fake invoices to divert funds from various of the company's offices to a Swiss entity owned and controlled by the CEO.
  • I acted for a PRC citizen in resisting a multi-billion HK$ freezing order arising from allegations that he had used fraud and duress to procure the transfer of a substantial casino in Macau. The injunction was discharged on various grounds and upheld on appeal.

Natural resources Disputes & Investigations

I have significant expertise acting in disputes concerning natural resources assets. Recent experience includes:

  • I acted for a large commodities financing fund in resisting a seemingly tactical application to put the fund into liquidation by an opportunistic creditor. The potential losses arising from this were circa $300m. We successfully obtained an injunction to restrain the petition and seal the court file to protect any damage to the fund. The petition was then withdrawn by the Applicant.
  • I act for a VC Fund in bringing a contingent creditor claim against a green energy company under CLNs issued to various investors in sum of US$16m.
  • I acted for a multinational metals trading and futures firm on a dispute arising from various metals trading contracts with TMT Metals. The matter touched on multiple jurisdictions including Hong Kong, Singapore, Malaysia and England.
  • I acted for that same company in connection with a fraud arising from a copper transaction undertaken with entities in Zambia and DRC. The matter led to an ICC arbitration seated in London.
  • I represented a syndicate of investors in an LCIA arbitration suing a Chinese company concerning a JV enterprise to extract, sell and transport metal in the Brazilian Amazon valued at US$350m. The matter was groundbreaking in obtaining a "carta arbitral" by which our clients sought and obtained the assistance of the Brazilian Courts to uphold an injunction order handed down in the course of the arbitration.
  • I advised publicly listed Nigerian oil company in an ongoing dispute concerning the rights of shareholders to hold board positions
  • Advised a UK fund on a potential dispute concerning fee and commission entitlements disputed with the Nigerian ultimate owner of shares (held under an English trust) in a lithium mine in Zimbabwe.

Pro Bono and Charity

  • I am a Trustee of Turquoise Mountain Foundation. TMF was founded in 2006 by His Majesty King Charles III to revive historic areas and traditional crafts, to provide jobs, skills and a renewed sense of pride. Its mission is to protect heritage under threat.
  • Since 2006, TMF has restored over 150 historic buildings, trained over 15,000 artisans, treated over 165,000 patients at our Kabul clinic, and supported and generated over $17 million in sales of traditional crafts to international clients. Turquoise Mountain has also curated major international exhibitions at museums around the world, from the Museum of Islamic Art in Doha to the Smithsonian Museum in Washington D.C.

Testimonials

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"Fraser Mitchell is the consummate professional - the perfect balance between commercial awareness, client handling and astuteness. He works very hard for his clients, goes the extra mile, and always delivers."
Legal 500
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Awards

Recognised in in the Global Elite Thoughts Leaders 2024, Commercial Litigation under 45 category in Lexology Index (formerly WhosWhoLegal)

Services

Sectors